My friend just bout a used car from a local car dealership. It is a 2007 Chevy Impala they said that it was a great car and had no problems so he bout it for 2,000 but after about a month of him having it a bunch of problems have started to show. The transmission and some other things are very messed up and need to be replaced and fixed. It needs probably at least 2500 to 3000 dollars of work. And it turns out that the car dealership did not inspect it or anything to see if there were any problems. We live in Nebraska so does he have a lawsuit or what should he do about it?
If your ’ friend ’ looks at his paper work it most likely say ’ AS IS ’ which means no warranty or guarantees on the vehicle he ( BOUGHT ) so there is no recourse.
He either fixes it or takes a loss on a trade.
Used cars–especially those that are as old as this one is–are usually sold “As-Is”. If there is a warranty, the sales documents would state the terms of the warranty.
While I am very empathetic with the OP’s friend, there is probably no recourse, other than the two choices that Volvo V70 mentioned. And, before the OP’s friend buys another car, here are two very important things to remember:
NEVER believe what you are told by a used car salesman
NEVER buy a used car unless you can have it inspected by your own mechanic PRIOR to purchase
how many miles? 07? 100k+? more? $2k is avg price for an impala. $4k may have gotten you a car that does not need $2k in repairs? hmm, see the math?
Okay thank you all for the info.
Yep, it is just bought as is with all the problems. There is a little concept called salesman “puffing”, where they are allowed to say great things about the car up until it becomes fraud. Just saying its a great car, runs fantastic, and I’d buy it myself, fits into that category. So as usual you need to have things checked out first.
Like Bruce Williams used to say on the radio, “the pen is a dangerous weapon”.
has a shop looked at trans issues and said it is messed up? the 07 imp trans is not that complicated. what is wrong with it? if it is an internal issue that requires a removal to fix than that is pricey. a used trans is $500 if you go that route.
I believe the Feds recently changed the law regarding used cars. An “AS IS” disclaimer form signed by the customer is the end of the conversation; meaning the car is yours warts and all. Dealers are allowed to continue using their stockpile of those forms.
The “new language” (cut and pasted from the FTC site) is below. There MAY be an out but as with most things a certain amount of push and shove is involved.
. A car sold “as is” still has a warranty of good title--that the transfer is rightful, and that the car is delivered free from liens--unless excluded by specific language or by circumstances that give the buyer reason to know that the seller may not have clear title. Id. § 15.2.
2. Express warranties cannot be disclaimed. Express warranties can be created by representations or even descriptions on sales documents, the odometer reading, and oral statements. See § 15.3.
3. Federal law provides that a dealer that “makes any written warranty” or “enters into a service contract” cannot sell a car “as is.” § 15.4.3.
4. Used car lemon laws in Hawaii, Massachusetts, Minnesota, New Jersey, New York, and Rhode Island generally eliminate “as is” sales and provide strong consumer remedies. § 15.5.2.
5. Every state has enacted a new car lemon law that may provide remedies not just to new cars, but also to demonstrators or for fairly recently manufactured used cars. § 15.5.3.
6. Minimum standards for used cars are created by statute in Arizona, California, Connecticut, Illinois, Maine, Nevada, New Mexico, and Pennsylvania. § 15.5.4.
7. California, the District of Columbia, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Oregon, and West Virginia all prohibit disclaimers of implied warranties (including “as is” sales) for used cars and other consumer goods. § 15.5.5.
8. State vehicle inspection laws in 13 states require an inspection shortly after a used car sale and may provide a remedy even in an “as is” sale where the vehicle does not pass inspection. § 15.5.6
9. All in all, 32 states have statutes that limit “as is” sales in some fashion. § 15.5.7.
10. Acceptance of a vehicle can be revoked where there is a nonconformity that substantially impairs its value. § 15.7.
11. State UDAP statutes in every state apply to oral or written misrepresentations or the failure to disclose defects or a wreck, flood, or other salvage history, even where a vehicle is sold “as is.” § 15.8.3.
12. Common law tort claims such as fraud, negligence, strict liability, and good faith duty to disclose known defects, apply despite the “as is” sale. See § 15.8.4 and § 15.8.5.
13. The federal odometer statute, including $10,000 minimum damages and attorney fees applies, despite the “as is” sale, to odometer misrepresentations, mis-disclosures or tampering. § 15.8.6.
14. Laundered lemons (undisclosed re-sale of vehicle previously returned as a lemon) are subject in most states to a special statute that applies despite the “as is” sale. § 15.8.7.
15. Other automobile fraud statutes provide consumers with a remedy where prior physical damage or prior use is not disclosed, or where air bags are not properly replaced, even when a car is sold “as is.” See NCLC’s Automobile Fraud § 7.2.
Your friend’s 2007 Impala should prove to be a very good car. It gets excellent reviews from Consumer Reports as I recall. It’s an 11 year old car of course, so bound to have some problems crop up. You might check CR’s used car guide at your local library to see what typical problems the 07 seems to have, based on owners reports. Can’t speak to the legal issues, but the problems with used cars that develop after the purchase usually belong to the buyer. No harm done to consult with a lawyer etc, but I expect the best move is just to accept the fact that some work needs to be done, and find a good local independent repair shop to do it.
As advised above, next time make sure your friend buys a used car, they pay for pre-purchase inspection from their own mechanic first. Since that wasn’t done apparently, suggest to do it now. Better late than never. Most shops offer a pre-inspection service, or what they call a “general inspection” service, where they look for any active problems or problems that appear to be on their way. Then they’ll offer you guidance on what needs to be done now, and what can be deferred to later. Suggest not to obsess about this, it just goes with the territory of used car buying. Look on the bright side, no new car payments! Best of luck.
I jus tchecked the Nebraska law online. There is no required used car warranty. It states in part any warranty on a used car is strictly up to the dealer. Here in NY State the dealer only has to give a 30 day warranty if the car has less than 100,000 miles and the required warranty is only on certain items. oil burning for example is not covered.
I personally do not know of any way to hide things like transmission problems for 30 days.
I think this car needs a proper diagnosis
It’s quite possible the transmission doesn’t need to be replaced or overhauled
There are plenty of electrical problems external of the transmission, which can cause it to not properly perform its duties